Browsing Faculty of Law by Title
Now showing items 447-466 of 903
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Lessons learned from working with rural farm women on Middelpos farm, Swartland municipality, west coast, Western Cape.
(University of Western Cape, 2021)I have a vision of creating an alternate rural economy that does things differently and gets better results. To put it into context, I live on an isolated farm which is part of a land reform programme. I often wish the ... -
Letting the numbers speak: Census 2011
(Local Government Bulletin, 2012)The South African Statistics Council has released the much-anticipated Census 2011 results. Its report provides relevant and timely information on a wide range of matters. This article focuses on those results that relate ... -
Leveraging the local administration to engender access to justice in Kenya: the case of Mukuru Kayaba Informal Settlement, Nairobi County, Kenya
(2021)Constitutional change in Kenya has opened up spaces of contestation of rights for citizens. However, marginalisation of certain segments of the population remains a key constraint to achieving universal protections. A lack ... -
Levinas on law: A Derridean reading of Manderson’s Proximity, Levinas, and the Soul of Law
(Griffith University, Griffith Law School, Socio-Legal Research Centre, 2007)In this article, Desmond Manderson’s book, Proximity, Levinas, and the Soul of Law (2006) is analysed specifically with reference to the accuracy with which it translates Derrida’s thinking into law. Manderson, in a number ... -
Life imprisonment in South Africa: yesterday, today, and tomorrow
(Juta Law, 2009)Life imprisonment has been part of South Africa's penal regime for decades. This article analyses how this form of punishment has changed in meaning in since 1906. The author looks at life imprisonment during the death ... -
A Life in Human Rights: A Conversation with Dennis Davis’ London Review of International Law
(Oxford University Press, 2021)Dennis Davis is Judge of the High Court of South Africa, Judge President of the Competition Appeal Court, and Honorary Professor of Law at the University of Cape Town. In this wide-ranging conversation with Tor Krever, he ... -
Like running on a treadmill? The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2010)The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child were held in November 2009 and March 2010 respectively. The Committee has considered more reports and issued its first ... -
Lilian Chenwi, 2010. South Africa: State of state reporting under international human rights law
(ESR Review : Economic and Social Rights in South Africa, 2010)This research paper was presented at the seminar on 'Promoting constitutional rights through international human rights law: The state of South Africa's state reporting' held in Cape Town on 22 September 2010. It outlines ... -
Limitation of socio-economic rights in the 2010 Kenyan Constitution: a proposal for the adoption of a proportionality approach in the judicial adjudication of socio-economic rights disputes
(Potchefstroom Electronic Law Journal, 2013)On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as well as improving the standards of living of all people in Kenya. One of the mechanisms in the 2010 ... -
Limitations on the right to freedom of testation
(Sabinet, 2020)Freedom of testation is a basic right in terms of the South African law of succession and enables a testator (or testatrix) to bequeath assets in a will as they please. The freedom is not completely unrestricted. Limitations ... -
The limiting effect of Daffy v Daffy 2013 1 SACR 42 (SCA)
(Juta, 2020)The preamble of the Domestic Violence Act 116 of 1998 recognises, inter alia: “that domestic violence is a serious social evil; that there is a high incidence of domestic violence within South African society; that victims ... -
The limits imposed upon freedom of testation by the boni mores: Lessons from common law and civil law (continental) legal systems
(Juta, 2000)This article investigates the limitation of freedom of testation in terms of the boni mores or public policy from a legal-comparative perspective. The limits imposed by public policy on freedom of testamentary disposition ... -
The limits of democratic governance in South Africa, by Louis A. Picard and Thomas Mogale
(Oxford University Press, 2015)The title of the book by Louis A. Picard and Thomas Mogale is a bit of a misnomer. The book is not about democratic governance in South Africa in general—across the three spheres of government— but about democracy at the ... -
Limits on witholding municipal clearance certificates
(Community Law Centre, University of the Western Cape, 2010)In City of Cape Town v Real People Housing (77/09) [2009] ZASCA 159 (30 November 2009), the Supreme Court of Appeal clarified the meaning of section 118(1) of the Municipal Systems Act. This provision gives municipalities ... -
Litigating socio-economic rights in South Africa: A choice between corrective and distributive justice
(Pretoria University Law Press, 2009)Christopher Mbazira's book, adapted from doctoral thesis and published by Pretoria University Law Press, is welcome addition to the growing scholarship on socio-economic rights litigation in South Africa. The book is very ... -
Litigating socio-economic rights through amicus briefs Challenges and strategies
(ESR Review : Economic and Social Rights in South Africa, 2009)The Constitution of South Africa (the Constitution) is characterised by its extensive commitment to socio-economic rights. The courts are mandated to translate these rights into enforceable legal claims, primarily by ... -
A living customary law of commercial contracting in South Africa: some law-related hypotheses
(Taylor & Francis, 2017)Inspired by calls to ‘decolonise’ South African law and legal education, this paper will posit some hypotheses as to the nature of a living customary law of commercial contracting from the perspectives of two South African ... -
Lobbying against democracy
(University of the Western Cape, 2021)This essay seeks to excavate the anti-democratic propensities of corporate lobbying. It begins by considering the nature of lobbying and then attempts to comprehend the relationship between corporate lobbying and democracy ... -
Local accountability: Enforcing the Code of Conduct for councillors
(Dullah Omar Institute, 2006)This paper focuses on the role of the council of a municipality towards ensuring accountable governance. First, it discusses the Code of Conduct for councillors, which is the key instrument at the hands of the municipal ... -
Local accountability: Enforcing the Code of Conduct for councillors
(Community Law Centre, University of the Western Cape, 2006)A perceived lack of responsiveness on the part of councillors towards their citizens as well as perceived, alleged and proven cases of corruption and maladministration involving councillors all contribute to the perception ...